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Exabytes Legal Information

Server Uptime And Network Uptime Guarantee

Exabytes uses our best endeavours to ensure a 99.9% Network Uptime and 99.5% Server Uptime to our customers. Scheduled maintenance notice will be posted on our Support Centre or emailed to our customers prior.

Server Uptime And Network Uptime Guarantee

Exabytes agrees to use its best endeavors to ensure a 99.9% Network Uptime and 99.5% Server Uptime to the customers. Downtime excludes scheduled maintenance window which the maintenance notice shall be posted on our Support Center or email to our clients before the schedule. Here are some common guarantees in the industry today and the actual amount of downtime per month involved.

  • 99.5% uptime = 216 minutes of downtime in a month
  • 99.8% uptime = 86.4 minutes of downtime in a month
  • 99.9% uptime = 43.2 minutes of downtime in a month
  • 99.99% uptime = 4.32 minutes of downtime in a month
  • 99.999% uptime = 0.432 minutes (26 seconds) in a month

Customer shall not receive any credits under this 99.9% Network Uptime and 99.5% Server Uptime Guarantee in connection with any failure or deficiency of Web Site Availability caused by or associated with:

  1. Circumstances beyond our reasonable control, including, without limitation, acts of God, acts of any governmental body, war, insurrection, terrorism, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
  2. Failure of access circuits to our network, unless such failure is caused solely by Exabytes;
  3. Scheduled maintenance and emergency maintenance and upgrades;
  4. DNS issues outside the direct control of Exabytes;
  5. Issues with FTP, POP, IMAP, or SMTP customer access;
  6. False SLA breaches reported as a result of outages or errors of any Exabytes measurement system;
  7. Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of our Terms of Service Policy;
  8. Email or webmail delivery and transmission;
  9. DNS (Domain Name Server) Propagation.
  10. Outages elsewhere on the Internet that hinder access to your account. Exabytes is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Exabytes will guarantee only those areas considered under the control of Exabytes: our server links to the Internet, our routers, and our servers.

In the event of Server Downtime or Network Downtime which is (i) due to problem within Exabytes Network and (ii) if the total Server Downtime or Network Downtime exceeds specific numbers of hours consecutively (as specified in Table 1 below) in a calendar month, customer may claim for an Outage Event Credit (OEC). Notwithstanding the foregoing, the maximum amount of OEC can be claimed shall not exceed 50% of the total Monthly Fee for the Service provided, and this is limited to once in a calendar month frequency.

The Customer shall be entitled to the following Outage Event Credit in the form of a credit against future bill of amounts payable by customer for the provision of the service:

Network Uptime
Server Uptime
Outage Event Credit (OEC)
99.0% – 99.9%
99.0% – 99.5%
1 day charges for service
98.0% – 98.9%
98.0% – 98.9%
2 days charges for service
97.0% – 97.9%
97.0% – 97.9%
3 days charges for service
96.0% – 96.9%
96.0% – 96.9%
4 days charges for service
95.0% – 95.9%
95.0% – 95.9%
5 days charges for service
94.0% – 94.9%
94.0% – 94.9%
6 days charges for service
93.0% – 93.9%
93.0% – 93.9%
7 days charges for service
92.0% – 92.9%
92.0% – 92.9%
8 days charges for service
91.0% – 91.9%
91.0% – 91.9%
9 days charges for service
90.0% – 90.9%
90.0% – 90.9%
10 days charges for service
Below 90%
Below 90%
15 days charges for service

Why Do Reliable Web Hosting Companies Offer Uptime Guarantees Backed With Real Credits Or Refunds To Customer Accounts?

We have been involved in the hosting industry since year 2001 and have seen many of our competitors come and go. Many web hosting companies failed because they are not committed to taking great care of their customers. If a web host has nothing to lose when your site is down, then their commitment and speed in restoring your site may not be the best.

Outage Event Credit (OEC)

In reality, an uptime guarantee may only mean a small refund or account credit for you, but if your web host is refunding or crediting every client on their server due to not meeting the guaranteed uptime, this could mean significant losses for them. For example, we have a server with maximum of no more than 300 accounts at RM200/year each. If the server went down and it took us 48 hours to restore the service, that will means we only able to achieve 93.34% of uptime, which would translate to a loss of RM1152.00 for the month on that server alone. Obviously it is also in our best interest to get the troubled server up and running as fast as possible.

Example of Calculation:

Total Days in a Month
Total Hour of Downtime in Month
Uptime %
100% – (48 / (30 x 24)) = 100% – 6.66% = 93.34%
Hosting Fee (Yearly)
Hosting Fee (Daily)
RM200/365 = RM0.548
93.34% of uptime entitle you OEC credit of 7 days charges for service
RM0.548 x 7 = RM3.836
Issue OEC Credit for 300 clients
RM3.84 x 300 = RM1152.00
Customer shall submit all claims for OEC by email to [email protected] within three (3) business days after the Exabytes server / network is available again following the server or network downtime in question. In the event of customer’s failure to submit the claims within the said three (3) business days, Exabytes reserves the right to reject the claims without any reasons.

The claims submitted by customers must contain the following particulars of information:

Customers Name
Client ID
Domain Name
Date and approximate period of downtime
Unavailability information
Any claims submitted without any of the particulars of information above shall be treated as incomplete and Exabytes has the right to reject such claims.

Customers will be given acknowledgement of receipt of all claims within one (1) business days and Exabytes will review all such claims within seven (7) business days thereof. Upon review and findings, Exabytes will inform the customers by e-mail whether the appropriate claim will be granted or rejected. If the claim is allowed, the OEC will not be reflected in the current bill, but in the following bill.

Are The Server And Network Uptime Guarantee Considered To Be Web Site Or Business Insurance?

We are in the web hosting business, not the insurance business. Our Server and Network Uptime Guarantee are in no way to be interpreted as an insurance product. Since the maximum amount of credits that can be applied to any web hosting account is the actual amount paid by the customer per month, quarter or year then obviously it is not sufficient to “cover” any damages caused by any server or network outage. We recognize that web sites cost money to develop, maintain and ecommerce sites can experience loss of sales and income when an outage occurs. We do not however offer any compensation for these types of losses as stated in our Terms of Service. While we do perform daily backups on all servers, it is the customer’s responsibility to maintain their own site backups on their local computers at all times and if deemed necessary, obtain insurance products from reputable insurance providers to cover any loss of business or sales. Exabytes reserves the right to make any modifications, amendments, revisions or changes to this Server Uptime and Network Uptime Guarantee at any time. Customer will be notified prior to any changes or variation to Server Uptime and Network Uptime Guarantee.

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